MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, June 20, 2022

4:00 p.m. To Proceed In Camera, Reconvene Regular Council Meeting 7:00 p.m.

SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE

80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS AT 9:00 P.M.

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1.

CALL THE MEETING TO ORDER:

2.

PROCEDURAL MOTION:

That the meeting be closed to the public in order to deal with agenda items under the Community Charter:

Section 90(1) A part of the Council meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following:

(c) labour relations or other employee relations;

(d) the security of property of the municipality;

(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the municipality;

(n) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2); and,

 Community Charter Section 90(2):

(b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.

3.

INTRODUCTION OF LATE ITEMS:

4.

APPROVAL OF THE AGENDA:

5.

ADOPTION OF THE MINUTES:

a.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-MAY-30, at 4:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

8.

PRESENTATIONS:

a.

Update on City of Nanaimo 2022 Special Events

Darcie Osborne, A/Manager, Culture and Special Events, to provide an update on the City of Nanaimo Special Events for 2022.

[Note:  PowerPoint to be distributed on the addendum.]

1.

Add PowerPoint presentation titled "Special Events 2022 Covid Recovery"

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Environment Committee Meeting held electronically on Wednesday, 2022-MAY-25 at 5:05 p.m.

10.

CONSENT ITEMS:

a.

Environment Committee 2022-MAY-25

[Note:  A link to the 2022-MAY-25 Environment Committee Agenda is provided for information.]

1.

Community Watershed Restoration Grant

That Council endorse the Community Watershed Restoration Grant Guidelines and Criteria as included in Attachment A to the 2022-MAY-25 report by David Stewart, Environmental Planner.

b.

Governance and Priorities Committee 2022-JUN-13

[Note:  A link to the 2022-JUN-13 Governance and Priorities Committee Agenda is provided for information.]

1.

Development of a Transportation Memorandum of Understanding

That Council direct Staff to work with the Regional District of Nanaimo, Ministry of Transportation and Infrastructure and BC Transit to draft a Memorandum of Understanding for the purpose of planning and executing enhancements to support transit and mobility within the City of Nanaimo. 

2.

Allocation of Pedestrian Unallocated Funding

That Council allocate $1,000,000 of Pedestrian Unallocated funds to the projects listed under Option (A) as follows:

• Trans-Canada Highway Corridor Improvements  $350,000
• Improve Crosswalks 2, 3, 4, 7, and 8  $400,000
• Install Sidewalk (2) – on Departure Bay Road from Highland Boulevard to Highway 19A  $85,000
• Traffic Calming IO Allocation  $165,000

c.

Finance and Audit Committee 2022-JUN-15

[Note:  A link to the 2022-JUN-15 Finance and Audit Committee Agenda is provided for information.]

1.

Consideration of New Permissive Tax Exemption

That Council award a Permissive Tax exemption for the 2023 taxation year to the Makerspace Nanaimo Association for the portion occupied by the Association (16.80%) at 2221A McGarrigle Road. 

2.

Purchase of Artwork, Seabed, by Peter Achurch

That Council approve the use of existing City funds to purchase the artwork Seabed, 2020, by artist Peter Achurch, and the addition of the artwork to the Public Art Inventory in 2022.  

3.

Add Consent Item:  Lenhart Bridge – Motion Defeated

That Council direct Staff to increase the budget for the Lenhart Bridge project by $188,000.  

d.

Move Agenda Item 10(b)(1) Development of a Transportation Memorandum of Understanding to Separately Addressed Consent Items and add delegation from Kevan Shaw.

11.

DELEGATIONS:

a.

Joanne Morneau, Janine Hu, and Annette Noble re:  Plastic Bag Ban

To thank Mayor and Council, on behalf of their volunteer sewing group and students in Nanaimo, for implementing the plastic bag ban and to discuss some of the initiatives they are undertaking.

b.

Deborah Hollins and Jason Harrison, Nanaimo Community Advisory Board

Deborah Hollins and Jason Harrison, Nanaimo Community Advisory Board, to provide Council with a PowerPoint presentation regarding the Reaching Home: Homelessness Strategy including the history and future of the Nanaimo Community Advisory Board (NCAB), highlighting the importance of elected officials' participation and providing an invitation for membership.

12.

REPORTS:

a.

Design Commercial Concept and Implementation Plan

To be introduced by Bill Corsan, Director, Corporate and Business Development.

[Note:  Consultant Ian Lockwood, Professional Engineer, Toole Design in attendance via Zoom]

Purpose:  To provide Council with the final concept plan developed during the Design Commercial project and to seek endorsement of the implementation plan.

Presentation:

1. Bill Corsan, Director, Corporate and Business Development

Recommendation:  That Council:

1. Endorse the Design Commercial Concept Plans for an enhanced public realm along the Commercial Street Corridor; and
2. Direct Staff to include the Design Commercial Street Implementation Plan as part of the 2023-2027 Budget deliberations. 

1.

Add delegation from Kevan Shaw

b.

2021 Annual Municipal Report

To be introduced by Sheila Gurrie, Director, Legislative Services.

Purpose:  To hear from the public on and receive Council’s approval of the 2021 Annual Municipal Report, as required by the Community Charter.

Recommendation:  That Council approve the 2021 Annual Municipal Report. 

c.

General Election Bylaw Amendment - Mail Ballot Provisions

To be introduced by Sheila Gurrie, Director, Legislative Services.

Purpose:  To present an amendment to General Election Bylaw to bring the mail ballot provisions in line with the new provincial legislation.

Recommendation:

1. That “General Election Bylaw Amendment Bylaw 2022 No. 7129.04” (To bring the mail ballot provisions in line with the new provincial legislation) pass first reading.
2. That "General Election Bylaw Amendment Bylaw 2022 No. 7129.04” pass second reading.
3. That “General Election Bylaw Amendment Bylaw 2022 No. 7129.04” pass third reading.

d.

Gender Diversity and Inclusion Recommendations from the Advisory Committee on Accessibility and Inclusiveness

To be introduced by John Van Horne, Director, Human Resources.

Purpose:  To provide staff input, in accordance with a motion of Council, on the recommendations of the Advisory Committee on Accessibility and Inclusiveness.

Recommendation:

1. That gender and diversity and inclusivity training be offered to Council and staff.
2. That staff be directed to integrate gender inclusive and gender neutral language (where possible) in key communications and printed and electronic materials.
3. That staff be encouraged to use personal pronouns, where staff are comfortable making the individual choice to do so.

e.

Consideration of Other Grant Application

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To bring forward the ‘Other Grant’ application from the Nanaimo Minor Baseball Association to Council for consideration.

Recommendation:  That Council award an ‘Other Grant’ in the amount of $5,000 to support the hosting of the 13U AAA Provincials Tournament held in Nanaimo.  

f.

Proposed Bylaw Amendments to the Subdivision Control Bylaw 1989 No. 3260 Schedule A - Manual of Engineering Standards and Specifications

To be introduced by Bill Sims, General Manager, Engineering and Public Works.

Purpose:  To introduce “Subdivision Control Amendment Bylaw 2022 No. 3260.06” and update the Manual of Engineering Standards and Specifications from Edition No. 13 to Edition No. 14.

Recommendation:

1. That “Subdivision Control Amendment Bylaw 2022 No. 3260.06” (Text amendments and drawing replacements to the Manual of Engineering Standards and Specifications) pass first reading;
2. That “Subdivision Control Amendment Bylaw 2022 No. 3260.06” pass second reading; and,
3. That “Subdivision Control Amendment Bylaw 2022 No. 3260.06” pass third reading

g.

24hr Parking Bylaw Exemption

To be introduced by Bill Sims, General Manager, Engineering and Public Works. 

Purpose:  To respond to the November 2, 2020 Council meeting motion regarding options to exempt residents from the 24hr Parking time limit within “Traffic and Highways Regulation Bylaw 1993 No. 5000”.

Recommendation:  That Council direct Staff to maintain “Traffic and Highways Regulation Bylaw 1993 No. 5000” Section 4 Article 21 and continue to enforce as needed. 

h.

Nanaimo Operations Centre Update and Phase 1 Opportunity

To be introduced by Bill Sims, General Manager, Engineering and Public Works. 

Purpose:  To provide Council with an overview of a potential initial phase for the Nanaimo Operations Centre and provide an opportunity to move the project forward.

Presentation:

1. Poul Rosen, Director, Engineering

Recommendation:  That Council direct Staff to undertake Nanaimo Operations Centre Alternative Phase 1 feasibility assessment of an engineered wetland, storm sewer and multiuse trail, and complete the stage 2 environmental by allocating $120,000 from the General Capital Reserve.

i.

Road Closure - Portion of Lake Road - 4295 Victoria Avenue - Loudon Park

To be introduced by Bill Corsan, Director, Corporate and Business Development.

Purpose:  To obtain Council approval to close a portion of Lake Road at 4295 Victoria Avenue to support the Loudon Park Boat House Project.

Recommendation:  That:

1. Council authorize the road closure of a portion of Lake Road at 4295 Victoria Avenue;
2. “Highway Closure and Dedication Removal Bylaw 2022 No. 7341” (To provide for highway closure and dedication removal of a portion of Lake Road at 4295 Victoria Avenue) pass first reading; 
3. “Highway Closure and Dedication Removal Bylaw 2022 No. 7341" pass second reading; and
4. Council direct Staff to proceed with public notice for the closure of a portion of Lake Road.

j.

Community Emergency Preparedness Fund Application

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To obtain a Council resolution supporting an application to the Community Emergency Preparedness Fund for the “Extreme Heat Risk Mapping, Assessment, and Planning” funding stream.

Recommendation:  That Council direct Staff to submit an application to the Community Emergency Preparedness Fund Extreme Heat Risk Mapping, Assessment, and Planning stream, and that Council commits to Staff providing overall grant management.

k.

Development Variance Permit Application No. DVP433 - 5601 Hammond Bay Road

To be introduced by Jeremy Holm, Director, Development Approvals. 

Purpose:  To present for Council’s consideration, a development variance permit application to reduce the minimum lot depth and rear yard setback requirements for a proposed two-lot subdivision at 5601 Hammond Bay Road.

Delegation:

1. Brock Williamson

Recommendation:   That Council issue Development Variance Permit No. DVP433 at 5601 Hammond Bay Road with the following variances for proposed Lot 2:

• reduce the minimum lot depth requirement from 30.0m to 26.72m; and,
• reduce the minimum rear yard setback from 7.5m to 1.7m.

l.

Development Variance Permit Application No. DVP434 - 6135 McGirr Road

To be introduced by Jeremy Holm, Director, Development Approvals. 

Purpose:  To present for Council’s consideration, a development variance permit to allow a freestanding LED sign at 6135 McGirr Road.

Recommendation:  That Council issue Development Variance Permit No. DVP434 at 6135 McGirr Road with a variance to allow the proposed freestanding LED sign.

m.

Development Permit Application No. DP1252 - 515, 529, 635 Terminal Avenue North

To be introduced by Jeremy Holm, Director, Development Approvals. 

Purpose:  To present for Council’s consideration a development permit application for a multi-family residential development at 515, 529, and 635 Terminal Avenue North.

Recommendation:  That Council issue Development Permit No. DP1252 for a multi-family residential development at 515, 529, and 635 Terminal Avenue North with a variance to increase the maximum permitted building height from 14.0m to 15.5m.

1.

Add delegation from Susan Shultz

2.

Add delegation from Dominique Lassonde

3.

Add delegation from David Croft

13.

BYLAWS:

a.

"Public Notice Bylaw 2022 No. 7325"

That "Public Notice Bylaw 2022 No. 7325" (To provide for alternative means of publication) be adopted.

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

16.

QUESTION PERIOD:

17.

ADJOURNMENT: